Commonwealth Numbered Acts

LONG SERVICE LEAVE (COMMONWEALTH EMPLOYEES) ACT 1976 No. 192, 1976 - SECT 23

23. (1) Where the approving authority, after consideration of all the
circumstances, directs that, for the purposes of this Act, the death of an
employee whose period of service is at least 1 year is to be presumed to have
occurred on a specified date, this Act applies in relation to the employee as
if he had died on that date.

(2) Where there are 2 or more dependants of a deceased employee, the
approving authority shall, in exercising the powers conferred on it by
sub-section 16(7) or 17(5), have regard to the respective losses suffered by
those dependants as a result of the loss of earnings of the employee.

(3) Where an employee dies-

   (a)  the approving authority may, if it has not authorized a payment or
        payments under sub-section 16(7) or 17(5), whichever is applicable,
        authorize payment of an amount equal to the amount referred to in
        whichever of those sub-sections is applicable to the legal personal
        representative of the employee; and

   (b)  the approving authority shall, if it has not authorized a payment to a
        dependant, or payments to dependants, of the employee or a payment to
        the legal personal representative of the employee, of an amount equal
        to the amount referred to in sub-section 16(7) or 17(5), whichever is
        applicable, within 12 months after the death of the employee or, if
        the approving authority gave a direction in relation to the employee
        under sub-section (1), the date on which it gave that direction,
        authorize payment of that amount to the legal personal representative
        of the employee.

(4) Where an amount is payable under this Act to a person, being an employee
or a dependant of an employee, who is under a legal disability, the
approving authority may, instead of authorizing payment of the amount to the
person, authorize payment of the amount to such trustee or trustees as the
approving authority appoints to be held by that trustee or those trustees upon
such trusts for the benefit of the person as the approving authority directs
and, when the amount is paid to that trustee or to those trustees accordingly,
the amount shall, for the purposes of this Act, other than this section, be
deemed to have been paid to the person.

(5) Where, upon the death of an employee, the amount payable under this Act in
relation to his death would be bona vacantia, this Act does not authorize that
amount to be paid in relation to the employee and, if the amount is payable by
a public authority of the Commonwealth, the authority shall pay the amount to
the Commonwealth.